Granville Community Calendar

VILLAGE OF GRANVILLECOUNCIL MEEONG M]NIr[ ESFEBRUARY 7,1996CALL TO ORDERMayor Marshall convened the meeting at 7:30 p.m.ROLL CALLThose responding to the roll call were:Councilmember MeGowanCouncilmember BellmanCouncilmember MontgomeryCouncilmember BennettVice Mayor FreytagMayor MarshallLaw Director HurstManager PlunkettCouncilmember Bennett moved to excuse absentee Councilmember Eisenberg.Seconded by Vice Mayor Freytag. Motion carried.REVIEW AND APPROVAL OF MINUTESThe minutes ofthe regularly scheduled meeting ofJanuary 17, 1996, presented for review. Councilmember were Bennett moved to approve the minutes as corrected. Seconded by Councilmember McGowan. Motion carried.CITIZENS COMMENTSNo questions,comments,or concerns were voiced at this time.COMMITTEE REPORTSCouncilmember Bennett reported on the North Pearl Street Traffic Study Committee meeting of January 31, 1996. At that meeting,Service Director MarkZarbaugh gave an overview of practicable monitoring of traffic. He stated that the monitoring of traffic and speed counts will proceed when the weather changes. The committee hopes to get some photographs of the problems. Mr. Bennett stated that the committee felt that they would put their problems and proposed solutions on paper and send the evidence to Mr. Ray at ODOT. He stated that the committee had not discussed Ordinance No. 399-5 and had stated that the Ordinance should stay tabled until the committee discusses it.11Village of GranvilleCouncil Meeting MinutesFebruary 7, 1996Page 2Councilmember Bellman stated that the committee had also discussedt r"afficcalmingH."e stated that he didn't yet really understand the whole concept,but onecould receive funding from the federal government for using such techniques.Mayor Marshall stated that the committee should report to Council before theysend anything to ODOT.Councilmember MeGowan reported on the Recreation Commission meeting.At that meeting,the commission had discussed improving the ball fields at the school,the possibilities of installing a volley ball court at Wildwood Park,and the possibilityof installing an additional water outlet closer to the gardens at Wildwood Park. TheCommission will be forming a 3rd and 4th grade girls' soft ballteague.Councilmember Montgomery questioned the status on the placement of publicwater supply well # 4 and change of parking at Wildwood Park.Manager Plunkett stated that the well is being placed further south thanoriginally believed but there had been no further contact with the RecreationCommission.Councilmember MeGowan stated that the Recreation Commission may berealizing the difficulties in driving across the bikepath now. He stated that increasedusage and safety hazards were a concern.Manager Plunkett stated that he would contact the Recreation Commission tolet them know the exact location ofwhere well 4#will be placed.OLD BUSINESSOrdinance No. 399- 5,A "n Ordinance To Amend Sections 305.03,313.02,and313. 10 of the Codified Ordinances Of Granville,Ohio Establishing TrafficRegulations."T a b(led 1 3- -96)Ordinance No. 39-95 remained on the table.NEW BUSINESSResolution No. 96-12,A "Resolution To Award The Bid For The ConstructionOf The New Burg Street Storm Sewer And Pathway Project To Gene Hazen S&ons And To Authorize The Village Manager To Enter Into An Agreement Thereforw,"as introduced,read in full,and moved for adoption by Councilmember Montgomery. Seconded by Councilmember Bennett. Motion carried. Resolution No. 96-12 was adopted.Resolution No. 96-13,A "Resolution To Award The Bid For The Construction OfThe Elm Street Water Main Replacement Project To L.E.King S&on And To Authorize The Village Manager To Enter Into An Agreement Therefor," was11Village of GranvilleCouncil Meeting MinutesFebruary 7, 1996Page 3introduced,read in full,and moved for adoption by Councilmember Bennett.Seconded by Councilmember McGowan. Motion carried. Resolution No. 96-13 wasadopted.Mayor Marshall stated that Council had received a memo from the VillageManager concerning the annexation issue on the ballot for March 19. He stated thatMr. Plunkett pointed out that a failed annexation vote would bar the Village for 5 yearsfrom taking up the subject again. He stated that yes,it was a risk,but his strongopinion was that Council is supporting the township and the school board and actingin Granville's best interest to avoid an unacceptable development. He stated that in hisopinion,if Council withdrew the subject from the ballot,they would be letting downthe township,school board,and themselves. He stated that despite the story in thepapers,the Village Manager has never recommend withdrawal of the issue from theballot. The Manager was merely informing Council of all the possibilities and theiroptions.Vice Mayor Freytag inquired the deadline to withdraw the issue from the ballot.Law Director Hurst stated that it was his understanding that there is a 10 day window,making the deadline March 9.Councilmember Bennett stated that the annexation is just one piece of thewhole process. He stated that he wonders if the risk/ reward ratio is different now. Hestated that he would hate to lose the ability to contest any other action against the Village.Vice Mayor Freytag stated that the statute quoted in the memo from ManagerPlunkett doesn't say n"o further proceedings for 5 years in the entire township."Law Director Hurst stated that any municipal action is forbidden. He stated thathe hadn't pulled all the case laws on the issue,but had read one case that suggests no further proceeding within 5 years.Councilmember Bennett stated that he would not be excited to back away fromthe school and township,but would like to see a way to defuse the animosity between Newark and Granville. He stated that he never saw the issue as a Newark/ Granvilleissue. He stated that if removing the issue from the ballot could establish goodwill,the Village could continue to work toward the merger. He stated that he needed to hear if this would really be a vote that would be leaving the school and the township in limbo?Mayor Marshall stated that he didn't believe that withdrawing the annexation issue would help relations with Newark.Councilmember Bennett stated that he is not quite sure where the annexation fits in with the merger.Mayor Marshall stated that if the property is annexed,it is very clear that Village services would be available. He stated that he was worried that the township could be put in a bad position at the next court level,since Mr. Keny has filed an11Village of GranvilleCouncil Meeting MinutesFebruary 7, 1996Page 4appeal. He stated that now Granville Township is in a good position,and wants tokeep it that way.Councilmember Montgomery stated that the matter is complicated,and eachscenario has pros and cons. She stated that if the issue is removed from the ballot andif the court were to reverse the decision of the county commissioners,the land wouldgo to Newark. If the issue stays on the ballot and is passed,and the court reverses thecounty commissioners' decision,it goes to the Court of Appeals. She stated that if theissue is not on the ballot,it could all go Newark's way. She asked if having the issueon the ballot put a wedge in the situation for Granville?Law Director Hurst stated that lawyers can tell you what the law is,and that hecould give his guess of what the results might be. He stated that he didn't think itwould be of any more value than ones' own conclusions. He stated that if one were tohave solid confidence in the success of the merger,the annexation is probably of littlebenefit. He stated that it is likely,or at least possible,that the position regarding theannexation will still be in the judicial system at the time the merger issue is decided.He stated that there is argument that one might defuse the probable success of themerger in being successful at the annexation petition level because of the perceptionthat the problem has been solved. If the Village is not successful in the merger and haswithdrawn the annexation petition,that would be the end of the story. He stated thatone can argue this issue all the way around. He stated that the Village had staked out position and he a agrees that Council should follow that position to its conclusion. Hestated that yes,the Village is taking a risk in losing a defensive tool,but if it does notpass now,there would never be any hope anyway.Councilmember Montgomery stated that this wasj u"st one more piece ofthepie"S.he stated that the entire community has been working together on the issue and she didn't think that removing the issue from the ballot would improve the situation with Newark.Mayor Marshall suggested Council call Township Trustees and school board representatives to assess their feeling on the issue.Councilmember Bellman stated that Council should be thinking ofways to make sure that the public knows and realizes the process ofthe issue. He stated that the general population thinks that the issue is done and over with.Law Director Hurst stated that this issue on the ballot was a critical vote. After a discussion,Council agreed that it was important to contact residents in the township to inform them of the issue in March because Village residents would not be able to vote for or against the issue.Councilmember MeGowan stated that he would like to see a meeting of Council,the township trustees,and the school board. He stated that atot of communities have this kind ofmeeting,open to the public. He stated that he had talked to the superintendent and the superintendent would like to see the meeting happen. He11Village of GranvilleCouncil Meeting MinutesFebruary 7, 1996Page 5stated that one of the trustees is in favor of the meeting too. He stated that he wouldlike everyone to get together and discuss issues.Councilmember MeGowan stated that he and Mayor Marshall had attended aluncheon with the Granville Business and Professional Association. He stated that itcosts $150 to join the association and he felt that they were a worthy group the VillageCouncil should support. He stated that he felt it would be a positive move by Councilto come a part of the organization.Councilmember Montgomery stated that perhaps it was time for Council todemonstrate support for the organization.Mayor Marshall stated that the GBPA does things in cooperation with Counciland the Council has helped them raise money for their street lighting project so theCouncil does have a history ofworking together with the GBPA.Councilmember Freytag stated that he agrees with Councilmember McGowanthat the GBPA is a worthy group,but he is opposed to joining the group because member of Council,it is his as a duty to the community to be totally independent. He statedthat in his opinion,it would set a bad precedent to appropriate money to be a part ofany group. He stated that it may or may not say that one is beholden to someone. ViceMayor Freytag stated that he was not saying that he did not support the GBPA;theyare a wonderful organization.Councilmember Bellman stated that he felt that the GBPA is a uniqueorganization.Vice Mayor Freytag stated that the GBPA has agendas and he has seen thoseagendas not coincide with the entire community. He stated that Council is responsibleto the entire community and he doesn't want it to appear that he is partial to someone. He stated that he does not want to be a member of the GBPA and if Council makeshim join,he will resign.Mayor Marshall asked Council's feelings on the meeting with the trustees andthe school board. He stated that Council had had a similar meeting a year ago. He stated that earlier meeting wasn't wonderful,and there had not been a real agenda. Councilmember McGowan stated that that had been three years ago and that things have changed.Councilmember Bellman suggested putting the idea out and getting reaction if there is an agenda out there.Vice Mayor Freytag stated that the last meeting hadn't helped anyone. He stated though,that he felt that the idea had merit.Councilmember McGowan expressed concern that development codes are not being applied equally in all areas ofthe Village. He stated his concerns that had been brought up with the discussion ofthe turn lane at Wendys.He stated that he had talked to someone previously on the zoning board who had stated that they had not approved1Village of GranvilleCouncil Meeting MinutesFebruary 7, 1996Page 6a turn lane off Cherry Valley Road. He stated that the zoning board originallyrequested a service road and no access from Cherry Valley Road to Wendys. He statedthat the minutes from that meeting were lost and the developer had not accounted foreliminating the traffic from Cherry Valley Road. He stated too,that there is anilluminated sign and a fence that is installed incorrectly and he felt that east Granvillebusinesses are not being treated as downtown businesses would be treated. He statedthat there is a federal express box placed near the road that he felt wouldn't be allowedin the downtown.Councilmember Bennett suggested Village Planner Doug Tailford respond toCouncilmember MeGowan's concerns.Manager Plunkett stated that he will direct Mr. Tailford to respond to Mr.MeGowan's concerns. He stated that the Planning Commission recommended thedevelopment plan for that area and Council had adopted it.Law Director Hurst stated that the PUD is adopted as recommended by thePlanning Commission. He stated that the road Mr. MeGowan questioned had not beenpart of the PUD application or approval.Manager Plunkett stated that there is an access road yet to be built,but only tobe built when the next developer comes along. He stated that the Village will requirethe developer to put the access road in at that time.After a discussion,Manager Plunkett stated that he had been directed to getestimates on the right-of-way costs for the Cherry Valley Road widening project. Hestated that because of the merger issues and the Keny annexation issue,he has not hadsufficient time to get that information. He stated that appraisers are having a timenailing down actual numbers because the area is relatively small,and they can't base it on much.Councilmember Bellman suggested expanding the roadway toward the not yet developed and moving the area center of the roadway.Manager Plunkett stated that he didn't think that was possible with existing underground fixtures,the water,storm sewer and sanitary sewers crowding the right- of-way.Councilmember Bellman stated that he felt the situation needed alot of study and consideration,and perhaps recommendation back to the Street S&idewalk Committee.Councilmember Montgomery stated that she will not be able to attend the April 3 Council meeting.Mayor Marshall stated that he would be absent too,and Law Director Hurst stated that it was possible he wouldn't be present.Mayor Marshall suggested consulting with absentee Councilmember Eisenberg before the meeting is canceled. 11Village of GranvilleCouncil Meeting MinutesFebruary 7, 1996Page 7Councilmember Bellman stated that he had received a call from a resident onNewark-Granville Road concerning the placement of a generator for the Bryn Du Liftstation and was wondering if there were any alternatives for the placement of thatgenerator.Assistant Village Manager Joe Hickman stated that the Village has four sewagelift stations. He stated that the two located at Clear Run and Bryn Du Woods have twopumps with no standby generator. He stated that if the power should go out,it wouldnot take much to overflow the lift station. He stated that as time goes by and morehomes and businesses are added,the lift station is even more likely to overflow. Hestated that ifthat should happen,raw sewage would be floating in yards.Manager Plunkett stated that before the Village did anything,Mr. Hickman hadaccompanied the resident on Newark-Granville Road to the lift station and showedhim what was being planned. They also went and looked at other generators so that theresident would know exactly what was planned. The Village has discussed additionallandscaping and sound deadening solutions for the generator. Installing a fence aroundthe generator was suggested,but the fence might draw attention rather than distract.He stated that planting more trees is an option that would both hide and provide some sound deadening.Mr. Hickman stated that the noise decibel reading at 10 feet is 85 decibels. Hestated that at the same distance,the road traffic measures 75 decibels. He stated thehome is 110 to 120 feet away from the generator. Mr. Hickman stated that thegenerator would run once weekly for 30 minutes to exercise and test.After a discussion,Manager Plunkett stated that the Village will keep lookingat solutions and keep working with the concerned resident before acting on the placement of the generator.ADJOURNMENTVice Mayor Freytag moved to adjourn the meeting at 9:05 p.m. Seconded by Councilmember Bennett. Motion carried.